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Commercial

As a business operating in today’s increasingly regulated markets, you need to manage your commercial risk while achieving your business objectives. Your success is built upon the effectiveness of your relationships with both customers and suppliers. Sector-specific contractual arrangements are key to this. Not only do you need the right legal answer, you need it in the context of the market in which you operate.

With over 350 lawyers across 33 countries, our multi-disciplinary teams are trained to understand the cultural and business variations impacting your commercial arrangements.

Commercial law focuses on the legal aspects of (inter)national trade. Contract law forms an important part of commercial law. In principle, you and your business partners are free to decide what you wish to agree to. However, there are certain rules that have to be taken into account.

A significant global presence with a specific focus on Europe. Handles a wide variety of commercial contracts matters, such as strategic partnerships, in sectors including IT, retail, leisure and hospitality.

Chambers Global, 2018

A significant global presence with a specific focus on Europe. Handles a wide variety of commercial contracts matters, such as strategic partnerships, in sectors including IT, retail, leisure and hospitality.

Chambers Global, 2018

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Compliance

It goes without saying that business enterprises (and their officers) always had to adhere to various rules. However, until recently there were no risk managers, compliance officers and integrity managers. The universe in which companies and institutions operate has changed as a result of a significant increase of both national and international legislation, the introduction of numerous codes of conduct, new forms of supervision and unprecedented demands regarding accountability and transparency.

Consumer Law

In the contractual relationship between consumers and businesses, different rules apply than those for contractual relationships between businesses themselves. The law simply gives more rights and further-reaching protection to the consumer than to the business. For example, the consumer is free to choose between replacement or repair of a product if there is something wrong with it. A consumer can also claim that a product he has bought does not meet the expectations aroused in him, through advertising material for example. In addition, the law prohibits the use of a number of clauses in general terms and conditions if a contract is concluded with a consumer.

Distribution & Franchising

At first sight it would appear that the activities of a distributor and a commercial agent have much in common. Even so, the statutory regulations that apply to distribution and agency agreements have essential differences. This affects not only the rights accruing to the contracting parties but also to the obligations resting on them. For this reason, it is important for you to know exactly what type of agreement you conclude and what consequences this may have for you.

General Conditions

General Terms and Conditions are an indispensable tool for risk management. It is simply impossible to negotiate every transaction down to the very last detail, and that is why professional organizations use General Terms and Conditions. These serve as a safety net when too much is demanded of your leniency and the general statutory regulations are to your disadvantage.

Innovation & start-ups

How do you turn a brilliant idea into a successful product or enterprise? And how do you make your innovation successful without putting much time and energy in the legal and tax driven structures, legal traps and the small print?

Transport Law

The mounting volume of European legislation in the area of transport is creating a new dimension for governments, shippers and carriers. Return logistics is becoming increasingly important for the manufacturers. Matters such as the international transport of drivers and further-reaching and more specific environmental regulations (noise, emissions, working conditions) demand new solutions to existing problems. The onward march of globalization, in combination with new means of communication, consolidation and the specialization of the various participants is making transport law ever more complex. In addition, more attention is being focused on tackling crime and risk control in transport.

On 6 April 2018, the Düs­sel­dorf High­er Re­gion­al Court ruled that the food re­tail­er real, whose par­ent com­pany is Ger­many’s Metro AG, may not sell lux­ury cos­met­ics made by Japa-nese man­u­fac­turer Kanebo in its food re­tail stores, and that the man­u­fac­turer can.

On 26 March 2018 the Com­mer­cial Court ruled, in an ex­tremely suc­cinct de­cision, that a war­ranty in a voy­age charter­party that a berth is “al­ways ac­cess­ible” en­com­passes both entry to and exit from the berth.

McHardy with­draws in­junc­tion re­quest – Is this a vic­tory for open...

After the with­draw­al of re­quest for in­ter­im in­junc­tion in Co­logne High­er Re­gion­al Cour­ton March 7, can users of open source soft­ware breathe a sigh of re­lief or does this with­draw­al give rise to false hope?
When Co­logne Re­gion­al Court is­sued an in­junc­tion in.

Open source com­pli­ance fail­ures can pose a ser­i­ous threat to af­fected com­pan­ies. Here is an over­view. After the first open source li­cense was en­forced by a Ger­man court in 2004, there is no longer any doubt about their valid­ity.

On 6 March 2018, the Court of Justice of the European Uni­on (CJEU) ruled that Art­icles 267 and 344 of the Treaty on the Func­tion­ing of the European Uni­on (TFEU) must be in­ter­preted as pre­clud­ing ar­bit­ra­tion pro­vi­sions in bi­lat­er­al in­vest­ment treat­ies between.

There may be much hype around ar­ti­fi­cial in­tel­li­gence but IBM has been demon­strat­ing the busi­ness po­ten­tial of ma­chine learn­ing through its Wat­son ana­lyt­ics plat­form since 2011. Wat­son came about after one of IBM’s re­search teams were at the pub watch­ing.

European Com­mis­sion as­sesses ad­equacy of Gen­er­al Food Law in food...

In an eval­u­ation of the EU le­gis­lat­ive frame­work for the 2002 Gen­er­al Food Law Reg­u­la­tion (GFLR), the European Com­mis­sion has found that this frame­work ap­pears to ad­dress most cur­rent trends, such as growth, com­pet­it­ive­ness and in­creased glob­al­isa­tion, but.

Neth­er­lands to be­come a new hub for in­ter­na­tion­al com­mer­cial dis­pute...

Re­cent years has seen a down­ward trend in in­ter­na­tion­al trade and com­mer­cial cases brought be­fore Dutch courts. But with the Dutch par­lia­ment sched­uled to de­bate a bill for the es­tab­lish­ment of the Neth­er­lands Com­mer­cial Court (NCC), in­ter­na­tion­al com­mer­cial.

BIMCO re­cently pub­lished an up­dated ver­sion of their widely-used BARE­CON 2001. Whilst it largely fol­lows the same format, BARE­CON 2017 takes ac­count of a num­ber of leg­al and com­mer­cial changes and has been de­scribed by BIMCO as “a new lean­er ver­sion” which.

In Trafigura Be­heer BV v Ren­brandt Ltd (2017) EWHC 3100 (Comm) the Com­mer­cial Court provided some winter com­fort to pur­chasers and sellers that are seek­ing to rely on con­clus­ive evid­ence clauses as to qual­ity.

In a land­mark judg­ment of 6 Decem­ber 2017 (C-230/16 – Coty Ger­many), the Court of Justice of the European Uni­on (CJEU) has put a pre­lim­in­ary end to the dis­cus­sions on an­ti­trust is­sues con­cern­ing third-party plat­form bans for lux­ury goods - es­sen­tially provid­ing.

Sum­mary
The Ir­ish High Court has made a pre­lim­in­ary ref­er­ence to the Court of Justice of the European Uni­on (the “CJEU”), ask­ing wheth­er stand­ard data pro­tec­tion clauses (“stand­ard clauses”) are com­pat­ible with the leg­al rights of data sub­jects un­der EU law.

ECJ Rules on when a com­pany owned by a con­tract­ing au­thor­ity is gov­erned...

IN­TRO­DUC­TION
A re­cent rul­ing of the European Court of Justice (ECJ) has con­firmed that a wholly owned sub­si­di­ary of a con­tract­ing au­thor­ity can it­self be re­garded as a ‘body gov­erned by pub­lic law’ and there­fore sub­ject to the pro­cure­ment rules, even where.